Utah Code » Title 63G, Chapter 7 — Governmental Immunity Act of Utah; part 63G-7-9 — Coverage and Representation of State Entities and Employees
Utah Code

Utah Code § 63G-7-902 (2026)

Defending government employee -- Request -- Cooperation -- Payment of judgment

✓ laws through the 2026 General Session (checked Sept. 2026)
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Except as provided in Subsections (2) and (3), a governmental entity shall defend any action brought against its employee arising from an act or omission occurring:
during the performance of the employee's duties;
within the scope of the employee's employment; or
under color of authority.
Before a governmental entity may defend its employee against a claim, the employee shall make a written request to the governmental entity to defend the employee:
within 10 days after service of process upon the employee; or
within a longer period that would not prejudice the governmental entity in maintaining a defense on the employee's behalf; or
within a period that would not conflict with notice requirements imposed on the entity in connection with insurance carried by the entity relating to the risk involved.
If the employee fails to make a request, or fails to reasonably cooperate in the defense, including the making of an offer of judgment under Rule 68, Utah Rules of Civil Procedure, Offers of Judgment, the governmental entity need not defend or continue to defend the employee, nor pay any judgment, compromise, or settlement against the employee in respect to the claim.
The governmental entity may decline to defend, or, subject to any court rule or order, decline to continue to defend, an action against an employee if it determines:
that the act or omission in question did not occur:
during the performance of the employee's duties;
within the scope of the employee's employment; or
under color of authority; or
that the injury or damage on which the claim was based resulted from conditions set forth in Subsection 63G-7-202(3)(c).
Within 10 days of receiving a written request to defend an employee, the governmental entity shall inform the employee whether or not it shall provide a defense, and, if it refuses to provide a defense, the basis for its refusal.
A refusal by the entity to provide a defense is not admissible for any purpose in the action in which the employee is a defendant.
Except as provided in Subsection (6), if a governmental entity conducts the defense of an employee, the governmental entity shall pay any judgment based upon the claim.
A governmental entity may conduct the defense of an employee under a reservation of rights under which the governmental entity reserves the right not to pay a judgment if any of the conditions set forth in Subsection (3) are established.
Nothing in this section or Section 63G-7-903 affects the obligation of a governmental entity to provide insurance coverage according to the requirements of Subsection 41-12a-301(3) and Section 63G-7-802.
When a governmental entity declines to defend, or declines to continue to defend, an action against its employee under any of the conditions set forth in Subsection (3), it shall still provide coverage up to the amount specified in Section 31A-22-304.

Renumbered and Amended by Chapter 382, 2008 General Session

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2011–2022 · leading case: Olsen v. Eagle Mountain City, 2011 UT 10, 248 P.3d 465.
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Olsen v. Eagle Mountain City, 2011 UT 10, 248 P.3d 465. · cites it 8× “§ 63G-7-902. T8 The question in this case concerns the "manner" prescribed in Section 202 for reimbursement of attorney fees and costs under the Reimbursement Statute.”
Olsen v. Eagle Mountain City, 2011 UT 10, 248 P.3d 465. · cites it 15× “¶ 4 Eagle Mountain moved to dismiss Olsen's complaint, arguing that Olsen failed to submit a timely request that Eagle Mountain defend him at trial as required, according to Eagle Mountain, by Utah Code section 63G-7-902.”
Stella v. Davis Cnty., No. 1:18-cv-00002 (D. Utah July 13, 2022). · cites it 2× “Utah Governmental Immunity Act Provisions Plaintiffs also ask the court to take judicial notice of certain sections of the Utah Governmental Immunity Act, Utah Code § 63G-7-603 and § 63G-7-902, which outline the state’s indemnification policy when an employee is sued during…”
Stella v. Davis Cnty., No. 1:18-cv-00002 (D. Utah July 12, 2022). · cites it 2× “Utah Governmental Immunity Act Provisions Plaintiffs also ask the court to take judicial notice of certain sections of the Utah Governmental Immunity Act, Utah Code § 63G-7-603 and § 63G-7-902, which outline the state’s indemnification policy when an employee is sued during…”
Utah Code § 63G-7-902(1): 2 cases
Olsen v. Eagle Mountain City, 2011 UT 10, 248 P.3d 465. “§ 63G-7-902. T8 The question in this case concerns the "manner" prescribed in Section 202 for reimbursement of attorney fees and costs under the Reimbursement Statute.”
Olsen v. Eagle Mountain City, 2011 UT 10, 248 P.3d 465. “¶ 4 Eagle Mountain moved to dismiss Olsen's complaint, arguing that Olsen failed to submit a timely request that Eagle Mountain defend him at trial as required, according to Eagle Mountain, by Utah Code section 63G-7-902.”
Utah Code § 63G-7-902(2)(a): 2 cases
Olsen v. Eagle Mountain City, 2011 UT 10, 248 P.3d 465. “§ 63G-7-902. T8 The question in this case concerns the "manner" prescribed in Section 202 for reimbursement of attorney fees and costs under the Reimbursement Statute.”
Olsen v. Eagle Mountain City, 2011 UT 10, 248 P.3d 465. “¶ 4 Eagle Mountain moved to dismiss Olsen's complaint, arguing that Olsen failed to submit a timely request that Eagle Mountain defend him at trial as required, according to Eagle Mountain, by Utah Code section 63G-7-902.”
Utah Code § 63G-7-902(6): 2 cases
Olsen v. Eagle Mountain City, 2011 UT 10, 248 P.3d 465. “§ 63G-7-902. T8 The question in this case concerns the "manner" prescribed in Section 202 for reimbursement of attorney fees and costs under the Reimbursement Statute.”
Olsen v. Eagle Mountain City, 2011 UT 10, 248 P.3d 465. “¶ 4 Eagle Mountain moved to dismiss Olsen's complaint, arguing that Olsen failed to submit a timely request that Eagle Mountain defend him at trial as required, according to Eagle Mountain, by Utah Code section 63G-7-902.”
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